Report Title:

Public School Facilities; Construction Standards; Green Schools



Requires construction and renovation of public school facilities to meet the Collaborative for High Performance Schools standards. Requires replacement of old portable buildings with high performance classrooms. Also requires prioritization of public school facilities projects in accordance with certain criteria.



S.B. NO.



















SECTION 1. The legislature finds that public school buildings are critical to the health and educational well-being of Hawaii's students. The legislature also finds that the construction and maintenance of public school buildings provides an opportunity to decrease current and future energy demand and stimulate economic growth in the labor and manufacturing industries.

Many of the State's public schools have portable facilities that are in an advanced state of disrepair. Approximately one-half of the State's one thousand six hundred portable facilities are at least forty years old. These portable facilities may harbor mold-borne diseases and many are constructed with materials that contain a high number of volatile organic compounds. In addition, these facilities often do not meet state standards for hurricane and seismic safety, air quality, or energy use.

The purpose of this Act is to improve public school facilities, improve education through technology and facility design, reduce the cost of energy, decrease carbon emissions and energy dependence, and create "green" jobs in the technology, construction, and general labor sectors.

SECTION 2. Section 36-35, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (c) to read:

"(c) Criteria used to establish current repair and maintenance requirements may include:

(1) The remaining useful life of the school facility and its major components;

(2) The adjusted life of the school facility and its major components after repair or maintenance; [and]

(3) The current and future repair and maintenance requirements of the school facility and its components based on established industry standards or product manufacturer recommendations; and

(4) Energy efficiency and environmental standards as provided in section 196-9(c) to achieve high performance classrooms;

provided that demolition of a facility or any of its components may be recommended if the cost of the repairs do not justify the adjusted life or remaining life of the facility."

2. By amending subsection (f) to read:

"(f) The superintendent of education shall ensure that all repair and maintenance projects achieve maximum cost-efficiency by emphasizing functional or performance criteria, uniformity of design, and commonality of products, and by avoiding unique or custom requirements that increase costs[.]; provided that energy efficiency and environmental standards required by section 196-9(c) shall be maintained. The superintendent of education shall develop project specifications based on generic specifications or prescriptive specifications using standard commercial products. Prescriptive specifications may include a qualified product list.

For the purposes of this subsection:

"Generic specification" means a technical specification that is written in a clear, unambiguous, and nonrestrictive manner establishing:

(1) Design, performance, or functional requirements to identify the work to be performed; and

(2) Material standards to be used on a project.

"Prescriptive specification" means a technical specification:

(1) Establishing that the required work to be performed is written in a clear, unambiguous, and nonrestrictive manner; and

(2) Listing manufacturers or products that are acceptable for use on the project.

"Standard commercial product" means a product or material that in the normal course of business is customarily maintained in stock by, or readily available for marketing from a manufacturer, distributor, or dealer.

This subsection shall not apply to any school facility designated a historic property pursuant to section 6E-5.5."

SECTION 3. Section 196-9, Hawaii Revised Statutes, is amended to read as follows:

"[[]196-9[]] Energy efficiency and environmental standards for state facilities, motor vehicles, and transportation fuel. (a) Each agency is directed to implement, to the extent possible, the following goals during planning and budget preparation and program implementation.

(b) With regard to buildings and facilities, each agency shall:

(1) Design and construct buildings meeting the Leadership in Energy and Environmental Design silver or two green globes rating system or another comparable state‑approved, nationally recognized, and consensus‑based guideline, standard, or system, except when the guideline, standard, or system interferes or conflicts with the use of the building or facility as an emergency shelter;

(2) Incorporate energy‑efficiency measures to prevent heat gain in residential facilities up to three stories in height to provide R-19 or equivalent on roofs, R-ll or equivalent in walls, and high-performance windows to minimize heat gain and, if air conditioned, minimize cool air loss. R-value is the constant time rate resistance to heat flow through a unit area of a body induced by a unit temperature difference between the surfaces. R‑values measure the thermal resistance of building envelope components such as roof and walls. The higher the R-value, the greater the resistance to heat flow. Where possible, buildings shall be oriented to maximize natural ventilation and day-lighting without heat gain and to optimize solar for water heating. This provision shall apply to new residential facilities built using any portion of state funds or located on state lands;

(3) Install solar water heating systems where it is cost-effective, based on a comparative analysis to determine the cost-benefit of using a conventional water heating system or a solar water heating system. The analysis shall be based on the projected life cycle costs to purchase and operate the water heating system. If the life cycle analysis is positive, the facility shall incorporate solar water heating. If water heating entirely by solar is not cost-effective, the analysis shall evaluate the life cycle, cost-benefit of solar water heating for preheating water. If a multi-story building is centrally air conditioned, heat recovery shall be employed as the primary water heating system. Single family residential clients of the department of Hawaiian home lands and any agency or program that can take advantage of utility rebates shall be exempted from the requirements of this paragraph so they may continue to qualify for utility rebates for solar water heating;

(4) Implement water and energy efficiency practices in operations to reduce waste and increase conservation;

(5) Incorporate principles of waste minimization and pollution prevention, such as reducing, revising, and recycling as a standard operating practice in programs, including programs for waste management in construction and demolition projects and office paper and packaging recycling programs;

(6) Use life cycle cost-benefit analysis to purchase energy efficient equipment such as ENERGY STAR products and use utility rebates where available to reduce purchase and installation costs; and

(7) Procure environmentally preferable products, including recycled and recycled-content, bio-based, and other resource-efficient products and materials.

(c) With regard to public school facilities, in addition to the requirements of subsection (b), agencies shall:

(1) Design and construct all public school facilities, including renovations and projects under five thousand square feet, to meet the Collaborative for High Performance Schools rating system, except when the guidelines conflict with the use of the facility as an emergency shelter;

(2) Develop and implement a program to replace portable classrooms that are more than twenty years old with high performance classrooms that meet or exceed the requirements of paragraph (1); and

(3) Prioritize public school facilities projects described in paragraph (1), to the extent that they:

(A) Reduce energy use;

(B) Promote the use of renewable energy;

(C) Support local jobs;

(D) Are quick to deploy;

(E) Improve science, technology, engineering, and math education, and provide increased hands-on learning opportunities; and

(F) Have forty per cent lower life-cycle costs than traditional buildings.

[(c)] (d) With regard to motor vehicles and transportation fuel, each agency shall:

(1) Comply with Title 10, Code of Federal Regulations, Part 490, Subpart C, "Mandatory State Fleet Program", if applicable;

(2) Comply with all applicable state laws regarding vehicle purchases;

(3) Once federal and state vehicle purchase mandates have been satisfied, purchase the most fuel-efficient vehicles that meet the needs of their programs; provided that life cycle cost-benefit analysis of vehicle purchases shall include projected fuel costs;

(4) Purchase alternative fuels and ethanol blended gasoline when available;

(5) Evaluate a purchase preference for biodiesel blends, as applicable to agencies with diesel fuel purchases;

(6) Promote efficient operation of vehicles;

(7) Use the most appropriate minimum octane fuel; provided that vehicles shall use 87-octane fuel unless the owner's manual for the vehicle states otherwise or the engine experiences knocking or pinging;

(8) Beginning with fiscal year 2005-2006 as the baseline, collect and maintain, for the life of each vehicle acquired, the following data:

(A) Vehicle acquisition cost;

(B) United States Environmental Protection Agency rated fuel economy;

(C) Vehicle fuel configuration, such as gasoline, diesel, flex-fuel gasoline/E85, and dedicated propane;

(D) Actual in-use vehicle mileage;

(E) Actual in-use vehicle fuel consumption; and

(F) Actual in-use annual average vehicle fuel economy; and

(9) Beginning with fiscal year 2005-2006 as the baseline with respect to each agency that operates a fleet of thirty or more vehicles, collect and maintain, in addition to the data in paragraph (8), the following:

(A) Information on the vehicles in the fleet, including vehicle year, make, model, gross vehicle weight rating, and vehicle fuel configuration;

(B) Fleet fuel usage, by fuel;

(C) Fleet mileage; and

(D) Overall annual average fleet fuel economy and average miles per gallon of gasoline and diesel."

SECTION 4. Section 302A-1312, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of education shall prepare a six-year program and financial plan for school repair and maintenance that shall be:

(1) Based on:

(A) Estimated preventive and scheduled maintenance costs;

(B) Budgeted recurring maintenance;

(C) Health and safety requirements; [and]

(D) Legal mandates; and

(E) Energy efficiency and environmental standards required under section 196-9(c);

(2) Insofar as is practical, prepared in accordance with the principles and procedures contained in section 514A-83.6 or 514B-148; and

(3) Submitted initially to the legislature not less than thirty days prior to the convening of the 2002 regular session, with annual funding requirements for the physical plant operations and maintenance account submitted not less than thirty days prior to the convening of the 2002 regular session and each regular session thereafter;

provided that the governor may incorporate the six-year program and financial plan required by this subsection into the six-year program and financial plan required by section 37-69, if the plan required by this subsection is incorporated without reductions or restrictions."

SECTION 5. Section 302A-1505, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) In prioritizing a school's repair and maintenance needs, the department and the school's principal shall consider energy efficiency and environmental standards required by section 196-9(c), as well as the availability of donated and discounted repair and maintenance services and materials that will be provided by community groups, volunteers, and businesses."

SECTION 6. This Act shall apply to all school construction, repair, and maintenance contracts executed after its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2010.